[PDF] Nigers Constitution of 2010 26 sept. 2013 Niger's

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preamblePREAMBLEWe, The Sovereign Nigerien People

- Resolved to consolidate the gains of the Republic and of the national independence proclaimedrespectively on the 18th of December of 1958 and the 3rd of August of 1960 as well as those ofthe Sovereign National Conference that reunited from the 29t" of July to the of November of1991 the totality of the living forces of the Nation;

- Resolved to build a State of Law guaranteeing, on the one hand, the exercise of collective andindividual rights, freedom, justice, dignity, equality, safety, and well-being as fundamental valuesof our society and, on the other hand, democratic alternation and good governance;

- Resolved to build a united Nation, dignified, peaceful, industrious and prosperous;- Profoundly attached to the values of civilization that founded our personality;- Concerned to safeguard our cultural identity;

Proclaim our attachment to the principles of pluralist democracy and of human rights as defined by the Universal Declaration of Human Rights of 1948, the International Pact Relative to Civil and

Political rights of 1966, the International Pact Relative to the Economical, Social and Cultural Rights

of 1966, and by the African Charter of the Rights of Man and of Peoples of 1981; Proclaim our attachment to the regional and international juridical instruments of protection and of

promotion of human rights as signed and ratified by Niger;Reaffirm our attachment to African Unity and our engagement to make every effort to realizeregional and sub-regional integration;Express our willingness to cooperate in amity, equality and mutual respect with all peoples who lovepeace, justice and freedom;

Reaffirm our absolute opposition to any political regime founded on dictatorship, arbitrariness, impunity, injustice, corruption, racketeering, regionalism, ethnocentrism, nepotism, personal power and the cult of personality; Solemnly adopt this Constitution, supreme law of the State to which we swear respect, loyalty and fidelity, and of which this Preamble is an integral part. constituteproject.orgPDF generated: 26 Sep 2013, 21:48

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FIRST TITLEOF THE STATE AND OF SOVEREIGNTYFirst ArticleThe State of Niger is an independent and sovereign Republic.

All threat to the Republican form of the State and to the democratic institutions is a crime of high treason punished as such by the law.

The capital of the Republic of Niger is Niamey.

The national emblem is the tricolored flag composed of three (3) horizontal, rectangular and equal bands whose colors are disposed from top to bottom in the following order: orange, white and green. The median white band has in its middle a disk of orange color.

The hymn of the Republic is La Nigerienne [the Nigerien].The motto of the Republic is Fraternite, Travail, Progres [Fraternity, Work, Progress].

The seal of the State, with a diameter of forty millimetres, is composed of a shield bearing a sun

accosted to dexter by a lance in pale charged with two Tuareg spades saltire, and to sinister by three

ears of millet, one in pale and two placed saltire, accompanied at the point by a head of a zebu. Highlighted, are placed the following inscriptions:

- in the superior part: Republique du Niger [Republic of Niger];- in the inferior part: Fraternite, Travail, Progres [Fraternity, Work, Progress].

The Arms of the Republic are composed of a shield of sinople, with a sun with rays of gold, accosted to

dexter by a lance in pale charged with two Tuareg spades saltire, and to sinister of three millet ears,

one in pale and two placed saltire, accompanied at the point by a head of a zebu, all gold.

This shield is superimposed on a trophy formed of four flags of the Republic of Niger. The inscription

Republique du Niger [Republic of Niger] is placed below.

Article 2The attributes of the Republic, such as defined in the first Article, are reserved for the use of thepublic powers.

All illegal use and all profanation of these attributes are punished by the law.Article 3The Republic of Niger is a unitary State. It is one and indivisible, democratic and social.Its fundamental principles are:the government of the people by the people and for the people;the separation of the State and of religion;social justice;national solidarity.

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Article 4National sovereignty belongs to the People. No fraction of the People, no community, no corporation, no political party or association, no trade-union organization and no individual may arrogate its exercise.

In the exercise of the power of the State, personal power, regionalism, ethnocentrism, discrimination,

nepotism, sexism, the clan spirit, the feudal spirit, slavery in all its forms, illicit enrichment, favoritism,

corruption, racketeering and the influence-trafficking are punished by the law.

Article 5All communities composing the Nigerien Nation enjoy the freedom to use their languages, respectingthose of others.

These languages have, in all equality, the status of national languages.The State sees to the promotion and to the development of the national languages.The law establishes the modalities of their promotion and of their development.The official language is French.Article 6The People exercise their sovereignty through their elected representatives and by way ofreferendum. The conditions of recourse to the referendum are determined by the law.

An Independent National Electoral Commission [Comission electoral nationale Independante (CENI)] is charged with the organization, development and supervision of the voting operations. It proclaims the provisional results. An organic law determines the modalities of the organization and of the functioning of this

Commission.The Constitutional Court sees to the regularity of the voting operations and proclaims the definitiveresults.

Article 7Suffrage is direct or indirect. It is universal, free, equal and secret. Nigeriens of the two (2) sexes, aged eighteen (18) years on the day of the ballot or the emancipated

minors, enjoying their civil and political rights are voters under the conditions determined by the law.

Article 8The Republic of Niger is a State of Law.

It assures to all equality before the law without distinction of sex, or of social, racial, ethnic or

religious origin.It respects and protects all beliefs. No religion, no belief can arrogate the political power or interferein the affairs of State.All particularist propaganda of a regionalist, racial or ethnic character, all manifestation of racial,social, sexist, ethnic, political or religious discrimination, are punished by the law.

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Article 9

Under the framework of the freedom of association recognized and guaranteed by this Constitution,

the political parties, groups of political parties, the trade-unions, the non-governmental organizations

and other associations or groups of associations are formed and exercise their activities freely, within

respect for the laws and regulations in force.

The political parties and the groups of political parties concur in the expression of the suffrage. The

same prerogatives are recognized to all Nigerien citizens enjoying their civil and political rights and

meeting the conditions of eligibility provided by the law.The political parties with an ethnic, regionalist or religious character are prohibited. No party may beknowingly created with the purpose of promoting an ethnic group, a region or a religion, underpenalty of the sanctions provided by the law.

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TITLE II

OF THE RIGHTS AND DUTIES OF THE HUMAN

PERSON

Article 10

All Nigeriens are born and remain free and equal in rights and in duties. However, the access of

certain categories of citizens to electoral mandates, to elective functions and to public employments

may be favored by particular measures specified by the law.

Article 11The human person is sacred. The State has the absolute obligation to respect it and to protect it.Article 12Each one has the right to life, to health, to physical and moral integrity, to a healthy and sufficientfood supply, to potable water, to education and instruction in the conditions specified by the law.The State assures to each one the satisfaction of the essential needs and services as well as a fulldevelopment.

Each one has the right to freedom and to security within the conditions defined by the law.Article 13Every person has the right to enjoy the best state of physical and moral health.

The State sees to the creation of the proper conditions to assure to all, medical services and medical

assistance in the case of illness.

The law determines the modalities for implementing this provision.Article 14No one shall be submitted to torture, to slavery or to cruel, inhuman or degrading abuse ortreatments.

Any individual, any agent of the State, who is found guilty of acts of torture or of cruel, inhuman or

degrading abuse or treatments in the exercise of or on the occasion of the exercise of their functions,

either on his own initiative or under instructions, will be punished according to the law.

Article 15No one is required to execute a manifestly illegal order.The law determines the order manifestly illegal.Article 16No citizen may be forced into exile or be subject to deportation.

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Article 17

Each one has the right to the free development of his personality in its material, intellectual, cultural,

artistic and religious dimensions, provided that he does not violate the rights of others, or infringe the

constitutional order, the law or morality.

Article 18No one may be arrested or charged except by virtue of a law that entered into force prior to the actsalleged against him.

Article 19The laws and regulations only have retrospective effect so far as they concern the rights andadvantages that they may confer to the citizen.

Article 20

Any person accused of a delinquent act is presumed innocent until their culpability has been legally

established in the course of a public process during which all the guarantees necessary for their free

defense have been assured to them.No one shall be condemned for actions or omissions which, when they were committed, did notconstitute an infraction according to the national law. In the same way, more severe penalties thanthose applicable at the moment the infraction was committed may not be inflicted.

Article 21Marriage and family constitute the natural and moral base of the human community. They are placedunder the protection of the State.The State and public collectivities have the duty to see to the physical, mental and moral health of thefamily, particularly of the mother and of the child.

Article 22

The State sees to the elimination of all forms of discrimination concerning women, young girls and handicapped persons. The public policies in all the domains assure their full development and their participation in the national development. The State takes, among others, measures to combat the violence done to women and children in

public and private life.It assures to them an equitable representation within the public institutions through the nationalpolicy concerning gender and the respect for the quotas.

Article 23

Parents have the right and duty to raise, educate and protect their children. Descendants have the

right and duty to assist and help the ascendants. Both are supported in this task by the State and the

other public collectivities.

The State and the other public collectivities, through their public policies and their actions, see to the

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Article 24Youth is protected by the State and the other public collectivities against exploitation andabandonment.

The State sees to the material and intellectual development of youth.

It sees to the promotion of training and of employment of young people as well as to their vocational

integration.

Article 25The State sees to the elderly through a policy of social protection.The law establishes the conditions and modalities of this protection.Article 26The State sees to the equality of opportunities chances for handicapped persons with a view to theirpromotion and/or their social reintegration.

Article 27The domicile is inviolable. Search, arrest or questioning [interpellation] may only be ordered underthe conditions and forms specified by the law.

Article 28Any person has a right to property. No one may be deprived of their property except for cause ofpublic utility and subject to a fair and prior indemnification.

Article 29The secrecy of correspondence and of communications is inviolable. It may only be derogated underthe conditions and forms specified by the law, under penalty of sanctions.

Article 30Any person has the right to freedom of thought, of opinion, of expression, of conscience, of religionand of worship.

The State guarantees the free exercise of worship and the expression of beliefs.These rights are exercised with respect for public order, for social peace and for national unity.Article 31Any person has the right to be informed and to have access to the information held by the publicservices within the conditions determined by the law.

Article 32The State recognizes and guarantees the freedom of movement, the freedoms of association,assembly, procession and manifestation within the conditions defined by the law.

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Article 33

The State recognizes to all citizens the right to work and strives to create the conditions that make

the enjoyment of this right effective, and that guarantee to the worker just compensation for his services or for his production.

No one may be the victim of discrimination within the framework of his work.Article 34The State recognizes and guarantees the syndical right and the right to strike that are exercisedwithin the conditions specified by the laws and regulations in force.

Article 35Any person has the right to a healthy environment. The State has the obligation to protect theenvironment in the interest of present and future generations.Each one is required to contribute to the safeguarding and to the improvement of the environment inwhich he lives.

The acquisition, the storage, the handling and the disposal of toxic wastes or pollutants originating

from factories and other industrial or handwork sites, installed on the national territory, are

regulated by the law.The transit, importation, storage, landfill, and dumping on the national territory of foreign pollutantsor toxic wastes, as well as any agreement relating to it constitute a crime against the Nation, punishedby the law.

The State sees to the evaluation and control of the impacts of any project and program of development on the environment.

Article 36The State and the other public collectivities see to the fight against desertification.Article 37

The national and international enterprises have the obligation to respect the legislation in force in

environmental matters. They are required to protect human health and to contribute to the safeguarding of it as well as to the improvement of the environment.

Article 38The defense of the Nation and of the territorial integrity of the Republic is a sacred duty for eachNigerien citizen.

Military service is obligatory. The conditions of its accomplishment are determined by the law.Article 39

All Nigerien citizens, civil or military, have the absolute obligation to respect, in all circumstances, the

Constitution and the juridical order of the Republic, under penalty of the sanctions specified by the

law.

Article 40All citizens have the duty to work selflessly for the common good, to fulfill their civic and professionalobligations and to make their tax contributions.

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Article 41

The Public assets are sacred and inviolable. Every person must respect them and protect them

scrupulously. Any act of sabotage, of vandalism, of corruption, of diversion, of squandering, of money

laundering or of illicit enrichment is punished by the law.

Article 42The State must protect, abroad, the rights and legitimate interests of the Nigerien citizens.

Nationals of other countries benefit in the territory of the Republic of Niger from the same rights and

freedoms as Nigerien nationals within the conditions determined by the law.

Article 43The State has the duty to assure the translation and diffusion in national languages of theConstitution, as well as of the texts relative to human rights and to the fundamental freedoms.It guarantees the teaching of the Constitution, of human rights and of civic education at all levels oftraining.

Article 44A National Commission sees to the promotion and to the effectiveness of the rights and of thefreedoms consecrated above.

The National Commission for Human Rights is an independent administrative authority. The law determines the composition, the organization, the attributions and the functioning of this Commission, in accordance with the international principles in force.

It presents, before the National Assembly, an annual report on human rights.Article 45The rights and freedoms mentioned above are exercised within respect for the laws and regulationsin force.

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Title IIIOF THE EXECUTIVE POWERSection 1 Of The President of the RepublicArticle 46The President of the Republic is the Head of the State.He incarnates national unity.The President of the Republic is above the political parties.

He is the guarantor of the national independence, of the national unity, of the integrity of the territory, of respect for the Constitution, and for the international treaties and agreements. He assures the regular functioning of the public powers and the continuity of the State.

Article 47

The President of the Republic is elected by universal, free, direct, equal and secret suffrage for a

mandate of five (5) years, renewable one (1) sole time.In any case, no one may exercise more than two (2) presidential mandates or extend the mandate forany reason whatsoever.

Nigeriens of the two (2) sexes, of Nigerien nationality of origin, at least thirty-five (35) years old the

day the dossier is deposited, enjoying their civil and political rights, are eligible to the Presidency of

the Republic.

No one is eligible to the Presidency of the Republic if he does not enjoy a good state of physical and

mental health, as well as of a good morality attested by the competent services.The law specifies the conditions of eligibility, of the presentation of the candidatures, of developmentof the ballot, of counting and of proclamation of the results.The Constitutional Court controls the regularity of these operations and proclaims the definitiveresults.

Article 48The election of the President of the Republic takes place by majority ballot in two (2) rounds.The convocation of the electors is made by decree taken in the Council of Ministers.

The first round of the ballot with a view to the election of the President of the Republic takes place

thirty (30) days, at least, and forty (40) days, at most, before the expiration of the mandate of the

President in office.

The candidate who obtains the absolute majority of the expressed suffrage in the first round is

declared elected.If this condition is not met, it proceeds, no later than twenty-one (21) days after, to a second round ofthe ballot in which the two (2) candidates that arrived ahead in the first round take part.In the case of death, withdrawal or incapacity of one or the other of the two candidates, thecandidates following present themselves in the order of their ranking after the first round.No withdrawal may be taken into consideration seventy-two (72) hours after the proclamation of thedefinitive results of the first round by the Constitutional Court.

In the case of death of the two (2) candidates, the electoral operations of the first round are retaken.After the second round, the candidate who obtained the greatest number of votes is declared elected.

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Article 49

The mandate of the new President of the Republic takes effect counting from the date of expiration of the mandate of his predecessor.

Article 50

Before entering into his functions, the President of the Republic takes an oath on the Holy Book of his

confession before the Constitutional Court, in the presence of the members of the National

Assembly, in these terms:

"Before God and before the sovereign Nigerien People, We ..., President the Republic, electedaccording to the laws, solemnly swear on the Holy Book:- to respect and to have respected the Constitution that the People have freely given tothemselves;

- to loyally fulfill the high functions with which we have been invested;- to never betray or to misrepresent the aspirations of the People;- to respect and to defend the republican form of the State;- to preserve the integrity of the territory and the unity of the Nation;- to respect and to defend the rights and freedoms of the citizens;- not to take or to be guaranty for any measures degrading the human dignity;

- to see to the neutrality of the administration and to the respect for the texts that establish itsdepolitization;

- to work tirelessly for the happiness of the People;- to spare no effort for the realization of African Unity;- to conduct ourselves in all things as faithful and loyal servant of the People;In the case of perjury, may we suffer the rigors of the law.May God help us."The oath is received by the Constitutional Court.Article 51

After the ceremony of investiture and within a time period of forty-eight (48) hours, the President of

the Constitutional Court receives the declaration, written on the honor, of the assets of the President

of the Republic.

This declaration is subject to an annual updating and one at the cessation of the functions. The initial

declaration and the updates are published in the Journal Officiel and by the way of the press.A copy of the declaration of the President of the Republic is communicated to the Court of Accountsand to the tax services.The gaps between the initial declaration and the annual updates must be duly justified. TheConstitutional Court has all powers of evaluation in this domain.The Court of Accounts is also charged with controlling the declaration of assets as received by theConstitutional Court.

Article 52

During his mandate, the President of the Republic may not, either by himself or by others, purchase

or lease anything that belongs to the domain of the State or to its separated parts.He may not take part, either by himself or by others, in the public and private markets of the Stateand of its separated parts.The provisions of this Article are extended to the Presidents of the Institutions of the Republic, to thePrime Minister, to the members of the Government and to the Deputies.

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Article 53

In the case of vacancy of the Presidency of the Republic by death, resignation, forfeiture or absolute

impediment, the functions of President of the Republic are provisionally exercised by the President of

the National Assembly and, if this last one is incapacitated, by the Vice-Presidents of the National

Assembly in the order of precedence.

The physical or mental incapacity of the President of the Republic rendering him unfit to exercise the

responsibilities of his function, is considered absolute impediment. The refusal of the President of the Republic to obey an order of the Constitutional Court that

declares a violation by him of the provisions of this Constitution is liable to the same consequences as

the absolute impediment. The absolute impediment is declared by the Constitutional Court, referred to the matter by the

National Assembly, deciding by a majority of two-thirds (2/3) of its members.In the case of death, the vacancy is declared by the Constitutional Court, referred to the matter bythe Prime Minister or by a member of the Government.In the case of resignation, the vacancy is declared by the Constitutional Court, referred to the matterby the resigning President of the Republic.It then proceeds to new presidential elections forty-five (45) days, at least, and ninety (90) days, atmost, after the opening of the vacancy.

When the President of the National Assembly assures the interim of the President of the Republic in the conditions enounced in the paragraphs above, he may not, except by resignation on his part or renouncement of the interim, stand as a candidate in the presidential elections. He exercises the

attributions vested in the President of the Republic, with the exception of those specified in Articles

59, 60 and 61.

In the case of resignation of the President of the National Assembly or of renunciation of the interim

on his part, the interim of the President of the Republic is assured by the Vice-Presidents of the

National Assembly, in the order of precedence.

In the case of impeachment of the President of the Republic before the High Court of Justice, his interim is assured by the President of the Constitutional Court who exercises all the functions of President of the Republic, with the exception of those mentioned in Article 59 and in paragraph 8 of this Article. He may not stand as a candidate in the presidential elections.

Article 54

In the case of serious illness duly declared by a college of three (3) doctors appointed by the Bureau of

the National Assembly on the proposal of the Order of Doctors, the Constitutional Court, referred to the matter by two-thirds (2/3) of the members of the National Assembly, declares the absolutely impediment of the President of the Republic and pronounces the vacancy.

Article 55

The functions of President of the Republic are incompatible with the exercise of any other elective

mandate, of any military, civil or public employment and of any other professional activity.For the duration of his mandate, the President of the Republic may not be president or member of thedirective organ of a political party or any national association.

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Article 56The President of the Republic appoints the Prime Minister and terminates his functions. On a proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.

In the case of absence from the territory, of sickness or of vacation of the President of the Republic,

his interim is assured by the Prime Minister within the limits of the powers that he would have delegated to him.

Article 57

The President of the Republic is the President of the Council of Ministers. He convokes and presides

over the Council of Ministers.The Prime Minister substitutes him in the presidency of the Council of Ministers within theconditions enunciated in this Constitution.The agenda of the Council is established by mutual agreement between the President of the Republicand the Prime Minister.

Article 58

The President of the Republic promulgates the laws within the fifteen (15) days that follow the transmission made to him by the President of the National Assembly.

This time period is reduced to five (5) days in the case of urgency declared by the National Assembly.

The President of the Republic may, before the expiration of these time periods, address a motivated

demand to the National Assembly for a second deliberation of the law or of certain of its Articles. This

deliberation may not be refused. If after a second reading, the National Assembly votes the text by an absolute majority of its members, the law is promulgated of plain right and published according to the procedure of urgency.

Article 59

The President of the Republic can, after consultation of the President of the National Assembly and of

the Prime Minister, pronounce the dissolution of the National Assembly.A new Assembly is elected forty-five (45) days at least and ninety (90) days at most after thisdissolution.

A new dissolution may not proceed within the twenty-four (24) months following the elections. After the expiration of the time period established in the preceding paragraph, if the legislative elections are not organized, the dissolved National Assembly is rehabilitated of plain right.

Article 60

The President of the Republic may, after the opinion of the National Assembly and of the President of

the Constitutional Court, submit to referendum any text which appears to him to demand the direct consultation of the people with the exception of any revision of this Constitution which remains governed by the procedure specified in Title XII. At the demand of the President of the Republic, the Constitutional Court decides by an order on the

constitutionality of the initiative of the recourse to the referendum.When the bill is adopted by referendum, the President of the Republic promulgates it within the timeperiods specified in paragraphs 1 and 2 of Article 58.

Article 61

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Article 62

The President of the Republic is the Head of the Administration. He sees to the neutrality of the administration and to the respect for the texts that consecrate its depolitization.

Article 63The President of the Republic is the Supreme Head of the Armies.He is assisted by the Superior Council of National Defense and by the National Council of Security.Article 64

The Superior Council of National Defense gives its opinion on the appointment to high military functions and on the promotion to the ranks of general officers, and on any other question of the military domain to which it is referred. A law determines the composition, the attributions and the functioning of the Superior Council of

National Defense.

Article 65

The National Council of Security gives its opinion on matters related to the security of the Nation, to

the defense of the Nation, to the foreign policy and, in a general manner, on all matters related to the

strategic and vital interests of the country. A law determines the composition, the attributions and the functioning of the National Council of

Security.

Article 66

The Nigerien armed forces [Forces Armee Nigeriennes (FAN)] assure the defense of the integrity of

the national territory against all external aggression and participate, by the side of the other forces, in

the preservation of peace and security, in accordance with the laws and regulations in force. They participate in the work of economic and social development of the Nation and may exercise the responsibilities corresponding to their competences and qualifications.

Article 67

When the institutions of the Republic, the independence of the Nation, the integrity of the national territory or the execution of the international engagements are menaced in a grave and immediate

manner, and the regular functioning of the public constitutional powers is interrupted, the President

of the Republic takes the exceptional measures demanded by these circumstances after official

consultation of the Prime Minister, of the President of the National Assembly and of the President of

the Constitutional Court.

He informs the Nation by a message. The National Assembly meets of plain right if it is not in session.

No institution of the Republic may be dissolved or suspended during the exercise of the exceptional

powers.The exceptional measures must be inspired by the will to assure to the constitutional public powers,within the shortest time periods, the means to accomplish their mission.The National Assembly approves with an absolute majority of its members the duration of theexercise of the emergency powers and terminates them in the case of abuse.

Article 68

The President of the Republic, after deliberation of the Council of Ministers, proclaims the State of

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Article 69

A Council of the Republic is instituted in view of preventing and resolving the institutional and political crises, in a consensual manner, within the respect for this Constitution.

The Council of the Republic gives its opinion on the matters that it is referred to. These opinions are

brought to the knowledge of the Nation, under reserve for the defense secrets. It meets under the presidency of the President of the Republic.

The Council of the Republic is constituted by:- the President of the Republic;- the President of the National Assembly;- the Prime Minister;- the former Presidents of the Republic and former Heads of State;- and by the Leader of the opposition.The law determines the attributions and the functioning of the Council of the Republic.Article 70

The President of the Republic signs the ordinances and decrees deliberated in the Council of

Ministers.He appoints, by decree taken in the Council of Ministers, to the civil and military employments of theState.The law determines the functions that he would be provided by decree taken in the Council ofMinisters.

Article 71

The law establishes the advantages granted to the President of the Republic and organizes the modalities for granting a pension to former Presidents of the Republic and Heads of State.

Article 72

The President of the Republic has the right of pardon. This pardon may not be granted in the cases of

imprescriptible crimes.

Section 2 Of the GovernmentArticle 73

The Prime Minister is the Head of the Government. He directs, animates and coordinates the governmental action. He assures the execution of the laws.He may delegate certain of his powers to the Ministers. By virtue of an express delegation and for a determined agenda, he substitutes the President of the Republic in the presidency of a Council of Ministers. constituteproject.orgPDF generated: 26 Sep 2013, 21:48

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Article 74

Before entering into his functions, the Prime Minister takes, before the National Assembly, on the

Holy Book of his confession, the following oath:"Before God and before the representatives of the sovereign Nigerien People, We ..., PrimeMinister, Head of the Government, solemnly swear on the Holy Book:

- to respect the Constitution that the People have freely given to themselves;- to loyally fulfill the high functions with which we have been invested;- to respect and to defend the republican form of the State;- to respect and to defend the rights and freedoms of the citizens;- Not to take or to be guaranty for any measures degrading the human dignity;

- to assure the neutrality of the administration and to the respect for the texts that establish itsdepolitization;

- to work tirelessly for the happiness of the People;- to conduct ourselves everywhere as faithful and loyal servant of the People;In the case of perjury, may we suffer the rigors of the law.May God help us."Article 75

The acts of the Prime Minister are countersigned, the case arising, by the Ministers charged with their execution. Article 76The Government determines and conducts the policy of the Nation.

It disposes of the administration and of the public force. It may dispose of the armed force within the

conditions determined by the law.The Government is responsible before the National Assembly within the conditions specified inArticles 107 and 108.At his entering into his functions and after deliberation of the Council of Ministers, the PrimeMinister makes a declaration of general policy before the National Assembly.

Article 77

The acts of the President of the Republic other than those specified in paragraph 1 of Article 56 and

of Articles 60, 61, 67 and 92 are countersigned by the Prime Minister and, the case arising, by the

Ministers responsible.

Article 78

Within seven (7) days of their entering into their functions, the Prime Minister and the Ministers shall

remit to the President of the Court of Accounts the declaration, written on their honor, of their assets. This declaration is subject to an annual updating and one at the cessation of the functions. This provision is extended to the Presidents of other institutions of the Republic and to the responsible persons of the independent administrative authorities.

The initial declaration and the updates are published in the Journal Officiel and by way of the press.The Court of Accounts is charged with controlling the declarations of assets.

The law determines the other public agents subject to the obligation of declaration of assets, as well

as the modalities of this declaration. constituteproject.orgPDF generated: 26 Sep 2013, 21:48

Niger 2010Page 18

Article 79

Any inexact or untruthful declaration of assets exposes its author to prosecution for evasion in accordance with the provisions of the Penal Code.

Article 80

The functions of members of the Government are incompatible with the exercise of any parliamentary mandate, with any function of professional representation on an international, national or local scale, with any public or private employment and with any professional activity. No one may be a member of the Government if he does not enjoy a good morality attested by the competent services.

Section 3 Of the CohabitationArticle 81

When the presidential majority and the parliamentary majority do not concur, the Prime Minister is appointed by the President of the Republic from a list of three (3) notable persons proposed by the majority of the National Assembly. The President of the Republic terminates the functions of the Prime Minister on the presentation by

him of the resignation of the Government.The Ministers charged with the National Defense and with Foreign Affairs are appointed by mutualagreement of the President of the Republic and the Prime Minister.

Article 82

The President of the Republic appoints to the civil employments of the State on proposal of the

Government.

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Niger 2010Page 19

TITLE IVOF THE LEGISLATIVE POWERArticle 83The legislative power is exercised by a unique chamber denominated the National Assembly whosemembers bear the title of Deputies.

Article 84The Deputies are elected by universal, free, direct, equal and secret suffrage.

Nigeriens of the two (2) sexes, at least twenty-one (21) years old and enjoying their civil and political

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